DOJ sues Virginia over anti-ICE policies as key anti-terror tool nears expiration
The Department of Justice has initiated legal proceedings against Virginia in response to newly enacted policies that inhibit ICE operations, notably a contentious prohibition on mask use by federal agents. Interim Attorney General Todd Blanche contends these legislative measures pose dangers to federal personnel. Meanwhile, the expiration of FISA, a crucial counterterrorism instrument, looms as Congress remains deadlocked, prompting significant national security apprehensions. Analysts Shannon Bream and Jim Jordan delve into the political impasse and its potential ramifications.
In a recent development, a federal judge has intervened to temporarily halt Philadelphia from implementing a new law that restricts federal law enforcement from using masks, obscured identifiers, and unmarked vehicles against federal officers.
U.S. District Judge Chad Kenney issued an order granting a preliminary injunction to prevent Philadelphia from enforcing the mask ban and additional restrictions on federal officers, just before they were scheduled to be enacted on Tuesday.
Judge Kenney’s ruling stipulated that city governments cannot dictate the operational methods of federal officers, favoring the Justice Department’s lawsuit filed last month, which described the restrictions as an “unconstitutional overreach” into federal jurisdiction.
Judge Kenney criticized the Philadelphia City Council’s decision to pass Bill No. 260060, arguing it attempted to bypass the Constitution’s explicit directives and ignore a legal principle integral to American law for more than two centuries. He referenced the Constitution’s Supremacy Clause, underscoring that federal law takes precedence over state and local laws when conflicts arise.
A federal judge temporarily blocked a Philadelphia law that prohibited federal officers from wearing masks on duty. (Victor J. Blue/Bloomberg via Getty Images)
“Endorsing the City of Philadelphia’s position would mean … municipalities could decide whether to pass their own laws regulating how, when, where, and whether federal law enforcement officers can conceal their identities,” he added.
Philadelphia’s mask ban against federal officers was approved earlier this year as part of a larger legislative package passed by the City Council amid a national debate over masked immigration agents carrying out raids targeting migrants in communities across the country, with some of these agents documented shooting people, including two U.S. citizens in Minneapolis in January.
The measure applied to local, state and federal law enforcement officers, but Thursday’s injunction blocked Philadelphia from enforcing it against federal officers. The statute would ban covered officers from wearing masks or shielding their identities while on duty and interacting with the public, with exceptions including medical masks, religious coverings, certain tactical equipment and hazardous conditions. They would also be required to wear visible badges and use marked vehicles in certain circumstances.
The statute would ban federal officers from wearing masks or shielding their identities. They would also be required to wear visible badges and use marked vehicles.
Officers could be subject to civil and criminal penalties under the ordinance.
“This type of direct regulation of the federal government by a municipality is blatantly impermissible,” Kenney wrote.
Philadelphia Mayor Cherelle Parker, a Democrat, declined to sign the bill, saying the city solicitor’s office informed her it presented significant legal problems.
The judge ruled that the city cannot determine how federal officers conduct operations. (Getty Images)
Kenney wrote that Parker “acted with civic wisdom and courage to stand up for the Constitution and follow the rule of law where it led” by not signing the measure.
But the bill was not vetoed and became law in May after Parker allowed it to take effect without her signature.
News Media reached out to the city for comment on Thursday’s ruling.
In a statement to Reuters, the Justice Department praised the court’s ruling and said the department “will keep fighting jurisdictions that try to obstruct President Trump’s immigration enforcement with policies that endanger agents and public safety.”
News Media reached out to the Justice Department for comment.
The Justice Department sued argued the measure was a “blatantly unconstitutional” attempt to regulate federal agents. (AP Photo/Ryan Murphy, File)
This is just the latest in ongoing legal fights between the Trump administration and state and local governments that have attempted to adopt mask bans or identification requirements affecting federal officers.
On Tuesday, a federal judge blocked a new law in Virginia barring federal law enforcement from wearing masks.
In February, a federal judge halted a California law that prohibited federal officers from wearing masks while on duty.
The Justice Department also sued New Jersey to block a similar mask ban targeting federal officers.